Raman Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1687 of 2017 ====================================================== Raman Kumar Sinha Son of Late Jagdish Narayan Prasad Sinha, resident of Belan Bazar, Quarter No.8, P.S. Kasim Bazar, District-Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue Department, Bihar, Patna.

2.

The District Magistrate, Lakhisarai.

3.

The Sub-Divisional Officer, Lakhisarai 4.

The Circle Officer, Lakhisarai.

5.

The Block Development Officer, Lakhisarai.

6.

The Branch Manager, Punjab National Bank, Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Balram Kapri, Advocate Mr. Ratnakar Ambastha, Advocate For the State :

Mr.Dhurjati Kr. Prasad, GP-14 For the P.N.B.

:

Mr. Raj Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 05-12-2024 Heard learned counsel for the parties.

2. The petitioner has filed this writ petition seeking a writ in the nature of mandamus directing the respondent authorities to forthwith release the amount with interest, which got deposited from the petitioner under duress to the tune of Rs. 1,65,825/- under the garb of threatened F.I.R. and without show cause notice to the petitioner.

Patna High Court CWJC No.1687 of 2017 dt.05-12-2024 2/3

3. The petitioner has not specified in the prayer column of the writ petition as to where was the aforesaid amount deposited and with whom.

4. However, on perusal of the pleadings made in the writ petition, it appears that the petitioner at the relevant time was working as Nazir at Lakhisarai Block and some allegation against the Block Development Officer, Lakhisarai has been made for hatching a conspiracy in collusion with others to extract money from the petitioner under the garb of threatened F.I.R. and got an amount of Rs. 1,65,825/- deposited from the petitioner.

5. No complaint or an F.I.R. by the petitioner is said to have been lodged before the appropriate authority(ies) regarding the allegation made by the petitioner against the Block Development Officer, Lakhisarai.

6. Be that as it may, from the facts pleaded in the writ petition, it appears that the petitioner has a grievance with the then Block Development Officer, Lakhisarai for having him deposited Rs. 1,65,825/- by threatening him that F.I.R. would be lodged against him. It, thus, prima facie appears that the grievance, the petitioner has with the then Block Development Officer, Lakhisarai, is purely in the nature of civil dispute and no case for issuance of a writ in the nature of mandamus under Article 226 of

Patna High Court CWJC No.1687 of 2017 dt.05-12-2024 3/3 the Constitution of India appears to have been made out by the petitioner.

7. The writ petition accordingly is dismissed. (Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 06.12.2024 Transmission Date N.A.